Processing Work Permits for Designated Country of Origin and Non-Designated Country of Origin Refugee Claimants

Processing Work Permits for Designated Country of Origin and Non-Designated Country of Origin Refugee Claimants

Summary

The authorities have updated this Operational Bulletin (OB). The updated OB reflects the validity periods for new work permits. The implementation of the new in-Canada refugee system resulted in the formulation of the amended validity periods for new work permits. The new in-Canada refugee system came into force on December 15, 2012.

The authorities would not issue work permits to Designated Country of Origin (DCO) refugee claimants. This was effective from December 15, 2012. They would only issue work permits to these individuals in one scenario. That scenario was if 180 days have elapsed since the authorities referred their refugee claim. The authorities would typically refer such cases to the Refugee Protection Division of the Immigration and Refugee Board (IRB).

This is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations).

Background

The Protecting Canada’s Immigration System Act (PCISA) received Royal Assent on June 28, 2012. It received the Royal Assent under Bill C-31. The Protecting Canada’s Immigration System Act (PCISA) added some reforms to the Balanced Refugee Reform Act (2010). One of the major reforms added to the Balanced Refugee Reform Act (2010) was the Minister’s ability to list Designated Countries of Origin (DCOs). However, not all the provisions of the Protecting Canada’s Immigration System Act (PCISA) became effective upon receiving Royal Assent.

The Protecting Canada’s Immigration System Act (PCISA) provisions concerning Designated Country of Origin (DCO) refugee claimants came into force on December 15, 2012.

The Guidelines

Under the new legislations prescribed, the Minister has the authority to identify Designated Countries of Origin (DCOs). The authorities will maintain an updated list of Designated Countries of Origin (DCOs). Interested readers could view this on the Citizenship and Immigration website.

Designated Country of Origin (DCO) refugee claimants would not be eligible for an open work permit. This is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations). The authorities amended Section 206 by adding the following text:

206 (2) despite subsection (1), a work permit must not be issued to a claimant referred to in subsection 111.1(2) of the Act unless at least 180 days have elapsed since their claim was referred to the Refugee Protection division.

Officers would usually assess work permit applications from refugee claimants, who are citizens or nationals of a Designated Country of Origin (DCO). In such cases, the officer would need to check:

The Field Operations Support System (FOSS) and / or,

The Global Case Management System (GCMS)

Checking these systems would enable the officer to determine if:

The authorities have flagged the applicant as a Designated Country of Origin (DCO) refugee claimant and,

The REF-CLM screen would indicate a ‘Yes’ if this is the case

Less than 180 days have elapsed since the authorities referred the person’s claim to the Immigration Refugee Board (IRB)

In case both the above-mentioned conditions are true, then the officer would determine that the applicant is not eligible for a work permit. This decision is in accordance with Section 206 of the Immigration and Refugee Protection Regulations (the Regulations). In addition, the officer would:

Notify the applicant that the applicant can re-apply once:

Upon the elapsing of 180 days since the authorities referred the applicant’s claim to the Immigration Refugee Board (IRB) or,

Officers could also encounter situations where the applicant is from a Designated Country of Origin (DCO). However, on checking the Field Operations Support System (FOSS) and the Global Case Management System (GCMS), the officers find that no one has flagged the applicant as a Designated Country of Origin (DCO) refugee claimant. In this situation, the officers would deem the applicant eligible for receiving a work permit.

Officers would need to issue work permits for a maximum period of six months. This is especially the case if the officers are issuing work permits to a Designated Country of Origin (DCO) refugee claimant, for whom 180 days have elapsed.

Officers could also encounter situations where they come across non-Designated Country of Origin (DCO) refugee claimants. The authorities would have referred these individuals to the Immigration Refugee Board (IRB) under the new system. In other words, the authorities would have referred these individuals to the Immigration Refugee Board (IRB) on or after December 15, 2012. In these situations, officers would issue work permits to the individuals concerned. However, the work permit would need to be valid for a period of 12 months from the date on which the authorities referred the applicant’s claim to the Immigration Refugee Board (IRB).

Officers would issue subsequent renewals for durations of six months or less. This would depend on the circumstances of the applicants. Officers could issue these renewals for:

Non-Designated Country of Origin (DCO) refugee claimants and,

Designated Country of Origin (DCO) refugee claimants

System Information

Officers would need to process the decision in the Global Case Management System (GCMS)

For this, they would need to set:

The ‘Eligibility’ field to ‘Failed’ and,

The ‘Final Decision’ field to ‘Refused’

Officers would enter the following text in the Refusal Reason Code field: R206 (2) DCO refugee claimant, 180 days not elapsed since claim.

Similarly, officers would need to enter the following text as the Refusal text for the letter:

The requirement of subsection 206(2) that an officer shall not issue a work permit to a foreign national if the foreign national is a claimant referred to in subsection 111.1(2) of the Act and 180 days have not elapsed since their claim was referred to the Refugee Protection Division.